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When to start counting days

Tuckers73

Newbie
Jan 2, 2017
5
0
I was out of Canada on business when my pr card arrived. Do I start counting the 5 year period from the cards start date (some 2 months earlier as I was on a long trip), the day I returned to the country, the day after that when I picked up the card at the cic in canada or the next time I returned to canada after an overseas trip?

Thanks for the information.
 

torontosm

Champion Member
Apr 3, 2013
1,677
261
Tuckers73 said:
I was out of Canada on business when my pr card arrived. Do I start counting the 5 year period from the cards start date (some 2 months earlier as I was on a long trip), the day I returned to the country, the day after that when I picked up the card at the cic in canada or the next time I returned to canada after an overseas trip?

Thanks for the information.
You start counting the days for your residency obligation from the date you landed in Canada. The dates on the PR card are irrelevant for this purpose.
 

Tuckers73

Newbie
Jan 2, 2017
5
0
Ok but does landing mean the day I picked it up in July or the day after I next returned after leaving for a few days in Sept?
 

Rob_TO

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Tuckers73 said:
Ok but does landing mean the day I picked it up in July or the day after I next returned after leaving for a few days in Sept?
The day you became a PR of Canada. This should be several months before your PR card actually arrived.
 

dpenabill

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Apr 2, 2010
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Overall reminder: the PR Residency Obligation requires a PR to be in Canada 730+ days within the previous five years except for new PRs (those still within the first five years after they became a PR). Thus, except for new PRs, the start date for calculating the relevant five year time period is ALWAYS five years ago to the day, and the PR card is not relevant.

For new PRs, in effect the PR is in compliance with the PR RO unless the PR is outside Canada 1095 or more days prior to the fifth year anniversary of the day they became a PR. As of the fifth year anniversary of the day a person became a PR, the start date for calculating the relevant five year time period is, again, ALWAYS five years ago to the day.


Tuckers73 said:
I was out of Canada on business when my pr card arrived. Do I start counting the 5 year period from the cards start date (some 2 months earlier as I was on a long trip), the day I returned to the country, the day after that when I picked up the card at the cic in canada or the next time I returned to canada after an overseas trip?

Thanks for the information.
Tuckers73 said:
Ok but does landing mean the day I picked it up in July or the day after I next returned after leaving for a few days in Sept?
As others have noted, the date a PR card is issued or delivered is NOT relevant for purposes of the PR Residency Obligation. The date a PR card expires is not relevant.

If you are referring to your first PR card, I also agree with the observations by torontosm and Rob_TO that it is the date that you became a PR (the date you landed, and which should be indicated on your CoPR), which determines the start date for compliance with the PR Residency Obligation.

HOWEVER, it is my impression that the PR card you are referring to is NOT your first PR card, that is that you have been a PR for at least a number of years. If this is the case, the start date for assessing compliance with the PR RO was five years ago, and it was and will be five years ago for any and every day.

Thus, for example, if you are arriving at a PoE today (January 4, 2017), to return to Canada, the relevant five years began January 4, 2012 . . . and thus, between January 4, 2012 and today, you need to have been in Canada 730+ days to be in compliance with the PR RO.




Note: Impression that OP is referring to a PR card subsequent to the first PR card is derived from a post in another topic:

Tuckers73 said:
We sponsored my mum under family class and she resided here for 5 years. She then met her partner . . . .
 

Tuckers73

Newbie
Jan 2, 2017
5
0
dpenabill said:
Thankyou Dpenabill

I had not appreciated the ongoing backwards looking nature.... obvious but I keep thinking in 5 year reoccurring blocks and that's other the case the 5 years roll behind me every day if I understood correctly now.
So in the event that my pr card expires say on Dec 2017 and I haven't quite done my days I just wait until I have done them in the backwards 5 year period and then reapply for renewal? I travelled a lot for work in the early part of the current 5 year span hense the question.

And if I have to travel after the card expires I get a PR travel card until the RO is met which shouldn't be much longer but just covering all potentials...
 

Tuckers73

Newbie
Jan 2, 2017
5
0
Thankyou Dpenabill

I had not appreciated the ongoing backwards looking nature.... obvious but I keep thinking in 5 year reoccurring blocks and that's not the case... the 5 years roll behind me every day if I understood correctly now.
So in the event that my pr card expires say on Dec 2017 and I haven't quite done my days I just wait until I have done them in the backwards 5 year period and then reapply for renewal? I travelled a lot for work in the early part of the current 5 year span hense the question.

And if I have to travel after the card expires I get a PR travel card until the RO is met which shouldn't be much longer but just covering all potentials...
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Tuckers73 said:
So in the event that my pr card expires say on Dec 2017 and I haven't quite done my days I just wait until I have done them in the backwards 5 year period and then reapply for renewal? I travelled a lot for work in the early part of the current 5 year span hense the question.

And if I have to travel after the card expires I get a PR travel card until the RO is met which shouldn't be much longer but just covering all potentials...
It doesn't work that way. On any given time that you apply for a PR Travel Document or attempt entry into Canada, your RO is assessed from that specific date going back 5 years. If on that specific date you do not meet the RO, you can be reported as such which will start process to revoke your PR status.

Once you're discovered in violation of the RO by applying for PR TD or by CBSA at a border crossing, then there is no going back to fulfill the RO as it will be too late. Your only hope at that point would be to win an appeal hearing to keep your PR status.

Again need to reinforce, the dates on your PR card mean nothing when it comes to meeting the RO. You can be reported for not meeting RO and have PR status revoked, all while having a valid PR card on you.
 

dpenabill

VIP Member
Apr 2, 2010
6,284
3,046
Tuckers73 said:
I had not appreciated the ongoing backwards looking nature.... obvious but I keep thinking in 5 year reoccurring blocks and that's not the case... the 5 years roll behind me every day if I understood correctly now.
It may appear that Rob_TO and I disagree about this. This is indeed the way it works. (I suspect the observation by Rob_TO, "It doesn't work that way," was more about other parts of your post.)

But in any event, yes, the "5 years roll behind [you] every day."


Tuckers73 said:
So in the event that my pr card expires say on Dec 2017 and I haven't quite done my days I just wait until I have done them in the backwards 5 year period and then reapply for renewal?
Yes, as long as you are in Canada, you can wait, and should wait.

Note: technically 730 days in five years meets the PR RO. But cutting-it-close has risks. After all, the PR must be able to actually prove at least 730 days in Canada, and if the PR is cutting-it-close, for any days not definitively established to be in Canada, then the PR runs the risk that IRCC will infer those days were spent where the PR usually was, as in outside Canada. The mistake many make is to put too much emphasis on inferring that days between a last reported entry into Canada and the next reported date of exit were days in Canada. For the PR who is cutting-it-close, there is a real risk of not getting the benefit of any such inference.


Tuckers73 said:
I travelled a lot for work in the early part of the current 5 year span hense the question.
Not sure how this adds up for you, but to be clear: if you have been outside Canada for more than 1095 days since January 4, 2012, you are currently in breach of the PR RO. If so, you would be at risk for being reported anytime you interact with CBSA or IRCC.

For example, if you have been outside Canada for 1095 or more days since January 4, 2012 and you are currently outside Canada, you could be reported and issued a Departure Order the next time you arrive at a Canadian PoE.

If you come and go frequently and are returning after a short time outside Canada, the risk of being examined pursuant to the PR RO, upon arrival, may be relatively low. But if you are not in current compliance on the day you arrive at a PoE, you are nonetheless at risk of being reported. And CBSA and IRCC are continuously upgrading technology and record-gathering and record-keeping, and automated alert systems, so there will tend to be a higher risk of being reported going forward despite frequent travel.

Having a valid PR card in possession, when arriving at a PoE, does not override being in breach of the ongoing PR RO.


Tuckers73 said:
And if I have to travel after the card expires I get a PR travel card until the RO is met which shouldn't be much longer but just covering all potentials...
If you are abroad without a valid PR card, you will need to apply for and obtain a PR Travel Document. You will need to show, in the application, that you are in compliance with the PR RO. If you are not in compliance with the PR RO, H&C reasons should be considered, but the weight given reasons based on business tends to not help much; bottom-line, if you are abroad and need a PR TD (due to expired PR card or to losing your PR card), there is a high risk of being denied and losing PR status unless you can establish you are in compliance with the PR RO.

There is no formal or official statement as such, but it is my strong impression that that the longer a person has been a PR, the less forgiving CBSA and IRCC are with PRs who spend more time abroad than in Canada, and indeed, perhaps the more overtly strict they are in how they apply and enforce the PR RO.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
dpenabill said:
It may appear that Rob_TO and I disagree about this. This is indeed the way it works. (I suspect the observation by Rob_TO, "It doesn't work that way," was more about other parts of your post.)
What I stated is specific to the notion that if you ever violate the RO, it's a simple matter to return to Canada and stay 2 years until you meet it. This is obviously not true.